BASIC LAND DIVIDING REQUIREMENTS Platting Required When Land Being Divided Any owner or developer who divides land in Floyd County "shall cause a plat of such subdivision" be made and recorded in the office of the Clerk of the Circuit Court (deed description is insufficient.) No such plat (or related transaction) shall be recorded until the plat shall have been submitted, approved, and certified in accordance with the regulations set forth in the Subdivision Ordinance. (See Section 5-1 of the Floyd County Subdivision Ordinance.) All Plats Must Have: • Seal and signature of Licensed Surveyor (State of Virginia) • Title of Subdivision (including type of Division) • Statement that Subdivision is with free consent and in accordance with desires of owner(s), signed by owner(s) • All easements must be shown on the Plat • All lots that front on a public street must have 50 ft. of frontage Other Requirements Vary Many requirements vary according to subdivision type. See Ordinance or Agent for details. Attached for general information are review sheets for various types of plats. Plats with 3 or fewer parcels may be approved by the Agent; plats with more than 3 parcels (including any remainder) must be reviewed by the Planning Commission and the Virginia Department of Transportation. The Planning Commission meets on the third Tuesday of each month at 7 p.m. at the Floyd County Administration Building. Any items for review by the Planning Commission including plats and accompanying correspondence from other agencies must be received by noon on the Tuesday prior to the Planning Commission meeting (received by 2nd Tuesday of month). All subdivisions-except Family and Agriculture-must also be reviewed by the Health Department, following preliminary review by the County. For large subdivisions, (e.g. 20 or more lots), they may fall under VDOT's new Traffic Impact Analysis requirements, particularly ifthey're on a dirt or gravel road. (Check with VDOT). Also, any subdivision proposing a new road, should be reviewed by VDOT very early in the process. Note: the Planning Commission and Agent have the authority to establish any reasonable additional administrative procedures deemed necessary for the proper administration of the Ordinance (3-7). C:\Documents and Settings\lmartin\My Documents\Subdivision\Basic Plat Info and Review Sheets\general plat info.doc 1 Number of Plats When the Agent is to review a plat, a minimum of 3 originals of the plat must be submitted. When the Planning Commission will review the plat, a minimum of 10 originals must be submitted. For all subdivisions, regardless of who approves them, two of the originals will be retained by the Subdivision office. The third will be needed for recordation at the Courthouse. It is recommended that the owner have enough original plats done to be able to also retain at least two for him- or herself. SUBDIVISION PLAT REVIEW FEE'S FEES BELOW IS ONLY FOR PLATS THAT GO TO THE PLANNING COMMISSION FOR AN APPROVAL SUBDIVISION MORE THAN 5 LOTS (FEES FOR PLAT APPROVAL BY PLANNING COMMiSSION) $150.00 PLUS, PER LOT $10.00 SUBDIVISION LESS THAN 5 LOTS (FEES FOR PLAT APPROVAL BY PLANNING COMMiSSION) $75.00 PLUS, PER LOT $1 0.00 FEES BELOW IS ONLY FOR PLATS THAT ARE APPROVED BY OUR OFFICE (SUCH AS THE SUBDIVISION AGENT) AGRlCULTURAL, FAMILY, LOT AND LOT LINE, basic fee (IN OFFICE APPROVAL) .,$60.00 PLUS, PER LOT $10.00 FEE FOR VACATION OF PLAT, basic fee $300.00 SOIL EROSION & SEDIMENT CONTROL PERMIT FEE $1 00.00 Time Limit on Recordation The Subdivider shall have not more than six (6) months after receiving final approval on a plat to file the original of the subdivision for recordation. If a plat is not filed for recordation within the time limit such approval shall be withdrawn and the plat marked void and returned. (Section 7-1-9) C\Documents and Settings\lmartin\My Documents\Subdivision\Basic Plat Info and Review Sheets\general plat info.doc 2 For questions related to the Floyd County Subdivision Ordinance, please call 540 745 9359. This document is for Administrative Purposes only and does not substitute for the Floyd County Subdivision Ordinance. C:\Documents and Settings\lmartin\My Documents\Subdivision\Basic Plat Info and Review Sileets\general plat info.doc 3 Subdivision Agent COUNTY OF FLOYD 120 West Oxford Street P. O. BOX 218 FLOYD VA 24091 PHONE: 540-745-9300 FAX: 540-745-9305 MEMORANDUM To: Attorneys, Surveyors, Soil Scientists, Realtors and other Professionals Concerned with Subdivisions Cc: Floyd County Board of Supervisors Victor Marcessun, Floyd County Health Department Tina Thompson, Floyd County Health Department Maggie Sutphin, Commissioner of Revenue Terri Morris, Acting County Administrator Floyd-Floyd County Planning Commission Jim Whitten, Building Official From: Lydeana Martin, Subdivision Agent Date: October 16, 2006 RE: Subdivision Ordinance Clarifications Please note the following clarifications related to the Floyd County Subdivision Ordinance and other land development issues. Reserve Area The Floyd-Floyd County Planning Commission has recently interpreted Section 5-4-16-1 of the Floyd County Subdivision Ordinance Section to mean the following: all lots proposed in a Lot or Standard subdivision must include a 100 % reserve for the drainfield, INCLUDING LOTS WITH AN EXISTING WELL and SEPTIC. The drainfield size and capacity must be based on the same type of system as the primary system. One goal of that section of the Subdivision Ordinance is to insure that each parcel has adequate land to do a new drainfield in case the original/primary field fails. I will incorporate that in my reviews effective November 1. 1 Existing Well and Septic Surveyors are reminded that they should show on the plat any existing well and septic systems, including any information available from the Health Department (including permit number or other nomenclature). If no information is available from the Health Department, that should be stated on the plat. Lotline Revision/Joining Parcels While the Floyd County Subdivision Ordinance allows Lotline Revision plats to only show the lines changing (rather than full boundary survey), it is my understanding that the Commonwealth of Virginia does not allow the Commissioner of Revenue’s office to make tax parcel changes of larger than one acre unless a full survey has been completed. If you have additional questions, please contact Kristie Turman at 745-9345. Stream Crossings and Wetlands The Floyd County Subdivision Ordinance requires that all waterways be shown on plats, but does not specify crossing requirements. Additional action regarding stream crossings and wetlands may be required by the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality or other local, state or federal programs. As protection for the land owner and precaution to would-be buyers, the US Army Corps of Engineers suggests the following for any plats involving streams or wetlands: Any streams or wetlands crossing(s) shall be designed, installed, and maintained in a manner that complies with all applicable local, state, and federal laws and regulations. Any proposed work within xxxxx Creek or its tributaries and/or its adjacent wetlands is subject to written approval by the Corps of Engineers and/or DEQ prior to its initiation. The owner will obtain written approval by submitting a complete Permit Application prior to performing any work in the waterway and/or wetlands. For more information on stream crossing and wetlands, contact Thom Leedom with the US Army Corps of Engineers at 540 382-6740 or [email protected]. Thank you for your attention to these clarifications. 2 VDOT to Review All Plats with Three or More Parcels Effective January 2, 2008 VDOT now requires that they be part of the review process for all plats including 3 or more parcels (any type of division.) As you know, they control access to state roads and they now consider shared driveways and/or Rights-of-way serving three or more houses or parcels to be a commercial entrance, which will require a permit and approval (there are site distance requirements, etc.) THEY MUST REVIEW ANY PLAT INVOLVING THREE OR MORE PARCELS WHETHER OR NOT THERE IS A SHARED DRIVEWAY. So, for those of you who are surveyors, please begin including a signature block for VDOT on any plats with three or more parcels. As best I can tell, their review will generally fit in the process after our preliminary review and after the Health Department’s review (where applicable.) However, VDOT does request to be involved much earlier IF there will be a driveway/R-O-W shared by three or more AND/OR if a new road is involved or a business entrance. (Their final “approval” will still occur after the agent or Planning Commission preliminary approval, though.) So, the subdivision review process will now be: √ Review by agent or Planning Commission (if more than 3 parcels); preliminary approval letter will be done for the owner to take to the Health Department and VDOT, as applicable √ Review by Health Department (if applicable): owner responsibility to take the plat, letter and soil work to the Health Department and return plats to the Subdivision Office √ Review by VDOT (if applicable): owner responsibility to take the letter and plat to VDOT and return plat to the Subdivision Office √ Final approval and signature by agent or Planning Commission. √ For those plats requiring Health Department approval, a copy of the final approved plat must be returned to the Health Department for their records before any permits will be issued. If you have questions about the actual VDOT requirements, such as the commercial entrance permit, please contact Will Dotson, VDOT permits manager at 276-728-2813 or [email protected]. Please pass the word to anyone who may be planning to divide property. Thanks for your help, Lydeana COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION PO BOX 3071 SALEM, VA 24153-0560 DAVID S. EKERN, P.E. COMMISSIONER June 11,2009 RE: ' Subdivision Plat, State Secondary Route Floyd County, Virginia Dear Mr. We have reviewed the above subject plat, received on June 8, 2009, for the above subject. We returned copies with signatures to you in accordance with the Subdivision Ordinance of Floyd County. We kept one copy for our records. Although no new streets were indicated, our signature also attested to the following statement shown on the plat: The access way are not streets approved by VDOT and will not be maintained by VDOT. On future plats subject to our review, instead of the above wording, please use the following: The streets in this subdivision do not meet the standards neceSSQ/Y for inclusion in the system of state highways and will not be maintained by the Department of Transportation or the county approving the subdivision and are not eligible for rural addition fimds or any other funds appropriated by the General Assembly and allocated by the Commonwealth Transportation Board. " For future reference, please note that when more than two residencies are desired to be accessed from a single entrance onto the Commonwealth's right-of-way, a commercial entrance pennit is required as per Code of Virginia, § 33.1-198. Commercial entrance pennits are issued from the local VDOT Residency. Please call if you have any questions or need additional infonnation. .' I 1j?I!/ 7 ~e:.(/ c Sin er ~~ff,t.E RECEIVED Hillsville Resydency Staff Engineer Cc: Mr. Daniel 1. Campbell, Floyd County Administrator & Acting Subdivision Agent Mr. Robert Beasley, VDOT Hillsville Residency Administrator Mr. Will Dotson, VDOT Pennits & Subdivision Specialist File \filE KEEP VIRGINIA MOVING '--------------------~=-~ JUN 15 '09 COUNlY OF A.OYD FLOYD, V1RGltilA Agricultural Subdivision Plat Review Contact and Plat Name: Meets Ordinance Does Not Meet Ordinance Requirements Description Section Area and depth All parcels must contain 25 acres or more except the owner may retain a parcel of 2 acres or more. If on existing street, lot depth must be greater than width on each parcel. The retained parcel (under 25 acres) must be labeled "Retained Parcel"; only one such parcel is allowed per landowner from the original parent tract. All lots on public road must have 50-ft frontage. All parcels not on a public road must have a 50-ft wide access easement for use as an access road. If access by easement (or other private drives shown), there must be a statement on plat that “The streets in this 2-41-3, 3-11, 6-2 Frontage subdivision do not meet the standards necessary for inclusion in the system of state highways and will not be maintained by the Department of Transportation or the county approving the subdivision and are not eligible for rural addition funds or any other funds appropriated by the General Assembly and allocated by the Commonwealth Transportation Board.” 4-5-2, 545 Width and Set-back Lots on public road must be 175-ft wide at setback (35 ft from State Rd property line or 60 ft from road middle-line if ROW only), unless new street or public water OR wastewater (100 feet at setback), or both public water and wastewater (75 -ft width at setback). In the defined setback area, no building or structure may be built. 6-2,63,64,6-5, 2-36 Unless approved water & wastewater already exists at your site or unless you get Health Dept. approval for water and wastewater, the Plat must contain this language, "This lot is not being sold for purposes of residential development or the erection of any structure which requires a sewage disposal system and has not been approved for the installation of a sewage or septic disposal system ." Agency approval Plats must be approved by the E-911 Coordinator. Plats with 3 or more parcels must be reviewed by VDOT. Copies to Subdivision Office Agricultural subdivision of 3 parcels or less (including retained parcel), may be reviewed by the Agent (two plats will be kept by this office). Plats with four or more parcels (including retained) or any plat proposing a new road must be reviewed by the Planning Commission (PC). For PC review, ten first generation plats shall be submitted to the Subdivision Office one week prior to the monthly PC meeting, held on 3rd Tuesday of month.) Water & wastewater See Agency approval above. Signature of Owner(s) Final plats must be signed by all owner(s) and surveyor with a notary public attesting the plat. Boundary Survey Plat Title Other Info Purpose All parcels including any residual, must meet the ordinance. There must be a boundary survey of the entire boundary line, including any residual. This may be an existing survey of record (in all cases the Plat must be cited--not just the Deedbook and Page-and in some cases a copy of that Plat may be required.) When a previous survey is cited for a residual tract, the acreage of the tract must be shown on the plat and frontage & width must be given (an estimate is fine if plenty of frontage & width.) The Plat must include a Title indicating type(s) of division(s). The Title block or a narrative on the plat must name each parcel involved and indicate any transfers of ownership involved. 4-5-3 6-10, 611 5-1,6-12 6-10-3 Location map, existing or proposed streets, floodplain designation. 6-10-1 6-10 Plat must meet the general meaning, purpose and requirements of the Ordinance. 1-1-10, 31-8, 3-110, 5-2-1, etc. NO LOT SHALL BE CONVEYED UNTIL A FINAL PLAT FOR THE SUBDIVISION IS APPROVED AND RECORDED (6-5-1 A copy of this page and any previous written comments by the Agent should be submitted with the Final Plat. Office ______ For Administrative Purposes Only; does not substitute for Ordinance Family Subdivision Plat Review Contact and Plat Name: Meets Ordinance Does Not Meet Ordinance Requirements Description Area and depth Each lot, including residual parcel shall contain one acre or more. An additional lot per family member may be granted after five years. Section 2-41-2, 42-1, 62-1 Each lot or parcel shall have required frontage and width on public street or front upon an access easement 20 ft or greater in width. If access by easement, there must be a statement on plat that “The streets in this subdivision do not meet the standards necessary for inclusion in the system of state highways and will not be maintained by the Department of Transportation or the county approving the subdivision and are not eligible for rural addition funds or any other funds appropriated by the General Assembly and allocated by the Commonwealth Transportation Board.” Any drive or road within Frontage and/or access Width and Setback Agency approval Copies to Subdivision Office Water & wastewater Signature of Owner(s) the R-O-W shall be maintained by adjacent landowners in passable condition in all weather by emergency vehicles. If there are 3 or more lots, VDOT must review. Lots located on a public street must be at least 100 ft wide. (There is no width requirement when access by easement.) In the defined setback area, no building or structure may be 4-2-3 6-2,63,64,65, 236 A family subdivision does NOT require approval by the Health Department, however, every parcel not served by public water or sewer, or when individual well or septic tank permit has not been issued, a statement must be included on the final plat affirming that "This site has not been approved for a private water and/or wastewater system ." Plat must be approved by the E-911 Coordinator. 4-2-6 Family subdivision of 3 parcels or less (one per family member, including retained parcel), may be reviewed by the Agent (two plats will be kept by this office). Plats with four or more parcels (including retained) must be reviewed by the the Planning Commission (PC). For PC review, ten first generation plats shall be submitted to the Subdivision Office one week prior to the monthly PC meeting (meeting is third Tuesday of each month.) 6-10, 611 Plat Title Other Info for Plat See Agency approval above. Final plats must be signed by all owner(s) and surveyor with a notary public attesting the plat. While the parcel being given or sold to a family member must be surveyed, the residual parcel need not be surveyed. The residual parcel must have a notarized statement that it contains at least 1 acre and has required frontage on public street or an access easement of 20 ft or greater in width. The Plat must include a Title indicating type(s) of division(s). The Title or a narrative on the plat must name each parcel involved and indicate any transfers of ownership involved. Location map, existing or proposed streets, floodplain designation. Purpose Plat must meet the general meaning, purpose and requirements of the Ordinance. Boundary Survey 4-1-6 5-1,6-12 4-2-9 6-10-1 6-10 1-1-10, 318, 3-110, 52-1, etc. NO LOT SHALL BE CONVEYED UNTIL A FINAL PLAT FOR THE SUBDIVISION IS APPROVED AND RECORDED (6-5-1) A copy of this page and any previous written comments by the Agent should be submitted with the Final Plat. Office ______ For Administrative Purposes Only; does not substitute for Ordinance Contact and Plat Name: Lot Subdivision Plat Review Does Not Meets Meet Ordinance Ordinance Requirements Area and Depth Frontage Width and Setback Agency approval Copies to Agent Copies to Planning Commission Water & wastewater Description Minimum 2 Acres, unless public water OR wastewater (21,780 SF) or public water and wastewater (11,250 SF). If on existing street, lot depth must be greater than width on each parcel. ALL lots (including original) must have 50-ft road frontage on publicly maintained road. Lots must be 175-ft wide at setback (35 ft from State Rd property line or 60 ft from road middle-line if ROW only), unless public water OR wastewater (100 feet at setback), or both public water and wastewater (75 -ft width at setback).In the defined setback area, no building or structure may be built. Plats must be approved by the Virginia Department of Health (unless well and septics & reserve areas already exist);by VDOT (only if there are 3 more more parcels involved), and the E-911 Coordinator. If 3 or fewer lots, first generation plats must be submitted to the Subdivision Office for Agent review. Two plats (when approved) will be retained by this office. If more than 3 lots, ten first generation plats shall be submitted to the Subdivision Office one week prior to the monthly Planning Commission meeting (meeting is third Tuesday of each month.) The drainfield, reserve areas and well-site to be shown to scale on final Plat. All lots, including original house site must have a 100% reserve area. Signature of Owner(s) Final plats must be signed by all owner(s) and surveyor with a notary public attesting the plat. All parcels including any residual, must meet the ordinance. There must be a boundary survey of the entire boundary line, including any residual. This may be an existing survey of record (in all cases the Plat must be cited--not just the Deedbook and Page--and in some cases a copy of that Plat may be required.) When a previous survey is cited for a residual tract, the acreage of the tract must be shown on the plat and frontage and width Boundary must be given (an estimate is sufficient if plenty of frontage and width.) Survey The Plat must include a Title indicating type(s) of division(s). The Title or a narrative on the plat must name each parcel involved and indicate any transfers of ownership involved. Plat Title Other Info for Location map, existing or proposed streets, floodplain designation. Plat An additional lot subdivision from the parent tract is Re-subdivision permissible after a 5-year period. Purpose Plat must meet the general meaning, purpose and requirements of the Ordinance. Section 2-41-4, 62, 6-3, 64, 6-5 2-19, 4-11 6-2,6-3,64,6-5, 236 7-1-4 4-1-1 6-10, 6-11 4-1-6 5-1-1,5-1-2,612-1,6-12-3 6-10-3 6-10-1 6-10 4-1-7 1-1-10, 3-18, 3-1-10, 5-21, etc. NO LOT SHALL BE SOLD UNTIL A FINAL PLAT FOR THE SUBDIVISION IS APPROVED AND RECORDED (6-5-1) Notes: If a new road, it’s a Standard Subdivision. A copy of this page and any previous written comments by the Agent must be submitted with the Final Plat. Office ______ For administrative purposes only: does not substitute for Ordinance 7/28/2008 Lotline Revision Plat Review Contact and Plat Name: Meets Ordinance Does Not Meet Ordinance To be Shown upon the Plat Area (and depth) Frontage and/or Access Width and Setback Agency approval Copies to Subdivision Office Water & wastewater Signature of Owner(s) New Lotlines and Vacated Lotlines Plat Title Other Info for Plat Purpose Description There must be NO new parcel created; no substandard parcel resulting; no streets or R-O-W's altered without consent; AND the Lotline revision must not negatively impact onsite sewage disposal system. If on existing road, depth must be greater than width of each parcel. Plat must state what is being added to which tax parcel. All resulting parcels (including original) must meet frontage and/or access requirements according to type of parcel. If access by easement (or if any private roads or driveways shown), there must be a statement on plat that Section 4-9, 6-2 “The streets in this subdivision do not meet the standards necessary for inclusion in the system of state highways and will not be maintained by the Department of Transportation or the county approving the subdivision and are not eligible for rural addition funds or any other funds appropriated by the General Assembly and allocated by the Commonwealth Transportation Board.” 5-2-9 Lots on public road must be 175-ft wide at setback (35 ft from State Rd property line or 60 ft from road middle-line if ROW only), unless new street or public water OR wastewater (100 feet at setback), or both public water and wastewater (75 -ft width at at setback). In the defined setback area, no building or structure may be built. 6-2,63,6-4,65, 2-36 None required May be reviewed by the Agent (two plats will be kept by this office). Lotline revision may not put well or private septic onto separate parcel. Final plats must be signed by all owner(s) and surveyor with a notary public attesting the plat. All lotlines being changed must be surveyed and included on the plat. All lotlines being vacated must be shown as dashed lines on the plat and labeled "Lotline hereby vacated." All new lot lines must be labeled "new lot line ." The Plat must include a Title indicating type(s) of division(s). The Title or a narrative on the plat must name each parcel involved and indicate any transfers of ownership involved. Location map, existing or proposed streets, floodplain designation. Plat must meet the general meaning, purpose and requirements of the Ordinance. 4-9 4-9, 5-416-1 5-1,6-12 3-7 6-10-1 6-10 1-8, 3-110, 5-2-1, etc. NO LOT SHALL BE CONVEYED UNTIL A FINAL PLAT FOR THE SUBDIVISION IS APPROVED AND RECORDED (6-5-1) A copy of this page and any previous written comments by the Agent should be submitted with the Final Plat. Staff ______ For Administrative Purposes Only; does not substitute for Ordinance Standard Subdivision Plat Review Contact and Plat Name: Does Not Meets Meet Ordinance Ordinance Requirements Description Minimum 2 Acres, unless new Road (1 AC) or public water OR wastewater (21,780 SF) or public water and Area and wastewater (11,250 SF). If on existing street, lot depth must be greater than width on each parcel. Depth ALL lots (including original) must have 50-ft road frontage on publicly maintained road, unless on cul-de-sac of new road (30-ft width). No private streets. Frontage Lots must be 175-ft wide at setback (35 ft from State Rd property line or 60 ft from road middle-line if ROW only), unless new street or public water OR wastewater (100 feet at setback), or both public water and wastewater (75 -ft Width and Set- width at setback). In the defined setback area, no building or structure may be built. back Plats must be approved by the Virginia Department of Health, VDOT and the E-911 Coordinator. A soil erosion Agency and sediment control plan must be submitted to the Building Official for approval. approval If 3 or fewer lots, first generation plats must be submitted Copies to to the Subdivision Office for Agent review. Two plats (when approved) will be retained by this office. Agent Section 2-41-4, 62, 6-3, 64,6-5 2-19, 4-11 6-2,6-3,64,6-5, 236 7-1-4 4-1-1 Water & wastewater & House Signature of Owner(s) Any subdivision with 4 or more parcels or proposing a new road must be reviewed by the Planning Commission. Ten first generation plats shall be submitted to the Subdivision Office one week prior to the monthly Planning Commission meeting (meeting is third Tuesday of each month.) Drainfield, reserve areas & well-site to be shown to scale on Plat. If water and/or wastewater publicly provided, show main connection point. Approximate location of the house also to be shown on plat. All lots including original house lot, must show a 100% reserve area. Final plats must be signed by all owner(s) and surveyor with a notary public attesting the plat. Boundary Survey All parcels including any residual, must meet the ordinance. There must be a boundary survey of the entire boundary line, including any residual. This may be an existing survey of record (in all cases the Plat must be cited--not just the Deedbook and Page--and in some cases a copy of that Plat may be required.) When a previous survey is cited for a residual tract, the acreage of the tract must be shown on the plat and frontage and width must be given (an estimate is sufficient if plenty of frontage and width.) 6-10-3 Plat Title The Plat must include a Title indicating type(s) of division(s). The Title or a narrative on the plat must name each parcel involved and indicate any transfers of ownership involved. 6-10-1 Other Info for Plat Location map, existing or proposed streets, floodplain designation. 6-10 Purpose Plat must meet the general meaning, purpose and requirements of the Ordinance. 1-1-10, 3-18, 3-1-10, 52-1, etc. Copies to Planning Commission 6-10, 611 4-3-6 5-1,6-12 NO LOT SHALL BE CONVEYED UNTIL A FINAL PLAT FOR THE SUBDIVISION IS APPROVED AND RECORDED (6-5-1 A copy of this page and any previous written comments by the Agent should be submitted with the Final Plat. Office ______ For administrative purposes only: does not substitute for Ordinance 7/28/2008
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